[Congressional Record Volume 154, Number 20 (Thursday, February 7, 2008)]
[Senate]
[Pages S785-S794]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Ms. MIKULSKI (for herself and Mr. CARDIN):
  S. 2604. A bill to establish the Baltimore National Heritage Area in 
the State of Maryland, and for other purposes, to the Committee on 
Energy and Natural Resources.
  Ms. MIKULSKI. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record as follows:

                                S. 2604

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Baltimore National Heritage 
     Area Act''.

     SEC. 2. FINDINGS.

       Congress finds the following:
       (1) The City of Baltimore contains 24 National Historic 
     Landmarks, 53,000 buildings listed in 52 National Register 
     Historic Districts, 8,000 buildings in 30 local historic 
     districts, and 12 Chesapeake Bay Gateways, nestled in an 
     unparalleled system of parks and waterways, and connected by 
     5 Maryland Scenic Byways and an All-American Road.
       (2) The Battle of Baltimore represented the definitive end 
     of the American Revolution, secured United States 
     sovereignty, and gave the country 2 enduring symbols: the 
     United States flag and the poem by Francis Scott Key that 
     became our national anthem, ``The Star-Spangled Banner''.
       (3) The proposed Baltimore National Heritage Area will tell 
     2 of the most significant national heritage stories at the 
     locus of black history and the transformative effects of 
     education, which are the following:
       (A) Frederick Douglass, who while as a slave learned to 
     read in Baltimore and credited his time in the city as the 
     foundation for his accomplishments; and
       (B) Thurgood Marshall, whose public school education in 
     Baltimore led directly to his unparalleled contributions to 
     civil rights as an attorney in Baltimore and as a United 
     States Supreme Court Justice.
       (4) Between the early 1800s and the mid 1900s, about 
     2,000,000 immigrants landed in Baltimore, second only to New 
     York, as a major port of entry into the United States.
       (5) In 1811, the Nation's first federally funded interstate 
     transportation route, the National Road, begun its journey 
     from Baltimore to the west.
       (6) Baltimore is the farthest inland east coast port, 
     closest to the Nation's interior. The Chesapeake Bay, the 
     continent's largest estuary, is a magnificent, fertile, 
     natural resource. This special mix gave rise to the largest 
     city in the 6 States of the Chesapeake region, with a 
     cultural landscape unique among world port cities.
       (7) Although Baltimore is a largely urban environment, a 
     number of important natural and recreational resources can be 
     found within the proposed National Heritage Area boundaries. 
     Beginning with the first city park in 1827, Patterson Park, 
     the city's natural and recreational resources enjoy a 
     noteworthy history. Most remarkable is the city's 
     acquisition, beginning in 1860, of 7 large estates that 
     created the base for the current park system, including 
     Leakin Park that is one of the largest urban wilderness parks 
     remaining on the East Coast.
       (8) The Baltimore City Heritage Area is a State heritage 
     area designated by the State of Maryland in 2001.
       (9) The ``Feasibility Study for a Baltimore National 
     Heritage Area'', dated December 2006, found that the proposed 
     area met the National Park Service's interim criteria for 
     national heritage area designation.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Heritage area.--The term ``Heritage Area'' means the 
     Baltimore National Heritage Area, established in section 4.
       (2) Local coordinating entity.--The term ``local 
     coordinating entity'' means the local coordinating entity for 
     the Heritage Area designated by section 4(d).
       (3) Management plan.--The term ``management plan'' means 
     the management plan for the Heritage Area specified in 
     section 6.
       (4) Map.--The term ``map'' means the map titled ``Baltimore 
     National Heritage Area'', numbered T10/80,000, and dated 
     October 2007.
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (6) State.--The term ``State'' means the State of Maryland.

     SEC. 4. BALTIMORE NATIONAL HERITAGE AREA.

       (a) Establishment.--There is established the Baltimore 
     National Heritage Area in the State.
       (b) Boundaries.--The Heritage Area shall be comprised of 
     the following, as depicted on the map:
       (1) The area encompassing the Baltimore City Heritage Area 
     certified by the Maryland Heritage Areas Authority in October 
     2001 as part of the Baltimore City Heritage Area Management 
     Action Plan.
       (2) The Mount Auburn Cemetery.
       (3) The Cylburn Arboretum.
       (4) The Middle Branch of the Patapsco River and surrounding 
     shoreline, including--
       (A) the Cruise Maryland Terminal;
       (B) new marina construction;
       (C) the National Aquarium Aquatic Life Center;
       (D) the Westport Redevelopment;
       (E) the Gwynns Falls Trail;
       (F) the Baltimore Rowing Club; and
       (G) the Masonville Cove Environmental Center.
       (c) Availability of Map.--The map shall be on file and 
     available for public inspection in the appropriate offices of 
     the National Park Service, Department of the Interior, and 
     the Baltimore Heritage Area Association.
       (d) Local Coordinating Entity.--The Baltimore Heritage Area 
     Association shall be the local coordinating entity for the 
     Heritage Area.

     SEC. 5. DUTIES AND AUTHORITIES OF THE LOCAL COORDINATING 
                   ENTITY.

       (a) Duties of the Local Coordinating Entity.--To further 
     the purposes of the Heritage Area, the local coordinating 
     entity shall--
       (1) prepare and submit a management plan for the Heritage 
     Area to the Secretary in accordance with section 6;
       (2) assist units of local government, regional planning 
     organizations, and nonprofit organizations in implementing 
     the approved management plan by--
       (A) carrying out programs and projects that recognize, 
     protect, and enhance important resource values within the 
     Heritage Area;
       (B) establishing and maintaining interpretive exhibits and 
     programs within the Heritage Area;
       (C) developing recreational and educational opportunities 
     in the Heritage Area;
       (D) increasing public awareness of and appreciation for 
     natural, historical, scenic, and cultural resources of the 
     Heritage Area;
       (E) protecting and restoring historic sites and buildings 
     in the Heritage Area that are consistent with heritage area 
     themes;
       (F) ensuring that signs identifying points of public access 
     and sites of interest are posted throughout the Heritage 
     Area; and
       (G) promoting a wide range of partnerships among 
     governments, organizations, and individuals to further the 
     purposes of the Heritage Area;
       (3) consider the interests of diverse units of government, 
     businesses, organizations, and individuals in the Heritage 
     Area in the preparation and implementation of the management 
     plan;
       (4) conduct meetings open to the public at least semi-
     annually regarding the development and implementation of the 
     management plan;
       (5) submit an annual report to the Secretary for any fiscal 
     year in which the local coordinating entity receives Federal 
     funds under this Act, setting forth its accomplishments, 
     expenses, and income, amounts and sources of matching funds, 
     amounts leveraged with Federal funds and sources of such 
     leveraging, and grants made to any other entities during the 
     year for which the report is made;
       (6) make available for audit for any fiscal year in which 
     it receives Federal funds under this Act, all information 
     pertaining to the expenditure of such funds and any matching 
     funds, and require in all agreements authorizing expenditures 
     of Federal funds by other organizations, that the receiving 
     organizations make available for such audit all records and 
     other information pertaining to the expenditure of such 
     funds; and
       (7) encourage, by appropriate means, economic development 
     that is consistent with the purposes of the Heritage Area.
       (b) Authorities.--The local coordinating entity may, 
     subject to the prior approval of the Secretary, for the 
     purposes of preparing and implementing the management plan 
     for the Heritage Area, use Federal funds made available 
     through this Act to--
       (1) make grants to the State, its political subdivisions, 
     nonprofit organizations, and other persons;
       (2) enter into cooperative agreements with or provide 
     technical assistance to the State, its subdivisions, 
     nonprofit organizations, Federal agencies, and other 
     interested parties;
       (3) hire and compensate staff;
       (4) obtain money or services from any source including any 
     that are provided under any other Federal law or program;
       (5) contract for goods or services; and
       (6) support activities of partners and any other activities 
     that further the purposes of the Heritage Area and are 
     consistent with the approved management plan.
       (c) Prohibition on the Acquisition of Real Property.--The 
     local coordinating entity may not use Federal funds received 
     under this Act to acquire real property.

     SEC. 6. MANAGEMENT PLAN.

       (a) In General.--The management plan for the Heritage Area 
     shall--
       (1) describe comprehensive policies, goals, strategies, and 
     recommendations for telling

[[Page S786]]

     the story of the region's heritage and encouraging long-term 
     resource protection, enhancement, interpretation, funding, 
     management, and development of the Heritage Area;
       (2) take into consideration existing State, county, and 
     local plans in the development of the management plan and its 
     implementation;
       (3) include a description of actions and commitments that 
     governments, private organizations, and citizens plan to take 
     to protect, enhance, and interpret the natural, historic, 
     scenic, and cultural resources of the Heritage Area;
       (4) specify existing and potential sources of funding or 
     economic development strategies to protect, enhance, 
     interpret, fund, manage, and develop the Heritage Area;
       (5) include an inventory of the natural, historical, 
     cultural, educational, scenic, and recreational resources of 
     the Heritage Area related to the stories and themes of the 
     region that should be protected, enhanced, managed, or 
     developed;
       (6) recommend policies and strategies for resource 
     management including, the development of intergovernmental 
     and interagency agreements to protect the Heritage Area's 
     natural, historical, cultural, educational, scenic, and 
     recreational resources;
       (7) describe a program of implementation for the management 
     plan, including--
       (A) performance goals;
       (B) plans for resource protection, enhancement, 
     interpretation; and
       (C) specific commitments for implementation that have been 
     made by the local coordinating entity or any government, 
     organization, business, or individual;
       (8) include an analysis and recommendations for ways in 
     which local, State, Tribal, and Federal programs may best be 
     coordinated, including the role of the National Park Service 
     and other Federal agencies associated with the Heritage Area, 
     to further the purposes of this Act;
       (9) include an interpretive plan for the Heritage Area; and
       (10) include a business plan that--
       (A) describes the role, operation, financing, and functions 
     of the local coordinating entity and of each of the major 
     activities contained in the management plan; and
       (B) provides adequate assurances that the local 
     coordinating entity has the partnerships and financial and 
     other resources necessary to implement the management plan 
     for the Heritage Area.
       (b) Deadline and Termination of Funding.--
       (1) Deadline.--The local coordinating entity shall submit 
     the management plan to the Secretary for approval not later 
     than 3 years after the date on which any funds are made 
     available for this purpose after designation as a Heritage 
     Area.
       (2) Termination of funding.--If the management plan is not 
     submitted to the Secretary in accordance with this 
     subsection, the local coordinating entity shall not qualify 
     for additional financial assistance under this Act until the 
     management plan is submitted to and approved by the 
     Secretary.

     SEC. 7. DUTIES AND AUTHORITIES OF THE SECRETARY.

       (a) Technical and Financial Assistance.--
       (1) In general.--The Secretary may, upon the request of the 
     local coordinating entity, provide technical and financial 
     assistance on a reimbursable or non-reimbursable basis (as 
     determined by the Secretary) to the Heritage Area to develop 
     and implement the management plan.
       (2) Priority actions.--In assisting the Heritage Area, the 
     Secretary shall give priority to actions that in general 
     assist in--
       (A) conserving the significant natural, historical, 
     cultural, and scenic resources of the Heritage Area; and
       (B) providing educational, interpretive, and recreational 
     opportunities consistent with the purposes of the Heritage 
     Area.
       (3) Cooperative agreements.--The Secretary is authorized to 
     enter into cooperative agreements with the local coordinating 
     entity and other public or private entities to carry out this 
     subsection.
       (b) Approval of Management Plan.--
       (1) Review.--The Secretary shall approve or disapprove the 
     management plan not later than 180 days after receiving the 
     management plan.
       (2) Consultation.--The Secretary shall consult with the 
     Governor of any State and Tribal government in which the 
     Heritage Area is located prior to approving any management 
     plan.
       (3) Criteria for approval.--In determining the approval of 
     the management plan, the Secretary shall consider whether--
       (A) the local coordinating entity will be representative of 
     the diverse interests of the Heritage Area, including 
     governments, natural and historic resource protection 
     organizations, educational institutions, businesses, 
     community residents, and recreational organizations;
       (B) the local coordinating entity has afforded adequate 
     opportunity for public and governmental involvement, 
     including workshops and public meetings, in the preparation 
     of the management plan;
       (C) the resource protection and interpretation strategies 
     contained in the management plan, if implemented, would 
     adequately protect the natural, historical, and cultural 
     resources of the Heritage Area;
       (D) the management plan would not adversely affect any 
     activities authorized on Federal or Tribal lands under 
     applicable laws or pursuant to land use plans;
       (E) the Secretary has received adequate assurances from the 
     appropriate State, Tribal, and local officials whose support 
     is needed to ensure the effective implementation of the 
     State, Tribal, and local aspects of the management plan; and
       (F) the local coordinating entity has demonstrated the 
     financial capability, in partnership with others, to carry 
     out the plan.
       (4) Action following disapproval.--If the Secretary 
     disapproves the management plan, the Secretary shall advise 
     the local coordinating entity in writing of the reasons and 
     may make recommendations for revisions to the management 
     plan. The Secretary shall approve or disapprove a proposed 
     revision not later than 180 days after it is resubmitted.
       (5) Approval of amendments.--Substantial amendments to the 
     management plan shall be reviewed by the Secretary and 
     approved in the same manner as provided for the original 
     management plan. The local coordinating entity may not use 
     Federal funds authorized by this Act to implement any 
     amendments until the Secretary has approved the amendments.
       (c) Evaluation.--
       (1) In general.--Not later than 3 years before the date on 
     which authority for Federal funding terminates for the 
     Heritage Area, the Secretary shall conduct an evaluation of 
     the accomplishments of the Heritage Area and prepare a report 
     with recommendations for the National Park Service's future 
     role, if any, with respect to the Heritage Area.
       (2) Evaluation components.--An evaluation prepared under 
     paragraph (1) shall--
       (A) assess the progress of the local coordinating entity 
     with respect to--
       (i) accomplishing the purposes of the authorizing 
     legislation for the Heritage Area; and
       (ii) achieving the goals and objectives of the approved 
     management plan for the Heritage Area;
       (B) analyze the Federal, State, local, and private 
     investments in the Heritage Area to determine the leverage 
     and impact of the investments; and
       (C) review the management structure, partnership 
     relationships, and funding of the Heritage Area for purposes 
     of identifying the critical components for sustainability of 
     the Heritage Area.
       (3) Recommendations.--Based upon the evaluation under 
     paragraph (1), the Secretary shall prepare a report with 
     recommendations for the National Park Service's future role, 
     if any, with respect to the Heritage Area. If the report 
     recommends that Federal funding for the Heritage Area be 
     reauthorized, the report shall include an analysis of--
       (A) ways in which Federal funding for the Heritage Area may 
     be reduced or eliminated; and
       (B) the appropriate time period necessary to achieve the 
     recommended reduction or elimination.
       (4) Submission to congress.--On completion of a report 
     under paragraph (3), the Secretary shall submit the report 
     to--
       (A) the Committee on Energy and Natural Resources of the 
     Senate; and
       (B) the Committee on Natural Resources of the House of 
     Representatives.

     SEC. 8. RELATIONSHIP TO OTHER FEDERAL AGENCIES.

       (a) In General.--This Act shall not affect the authority of 
     any Federal official to provide technical or financial 
     assistance under any other law.
       (b) Consultation and Coordination.--The head of any Federal 
     agency planning to conduct activities that may have an impact 
     on the Heritage Area is encouraged to consult and coordinate 
     the activities with the Secretary and the local coordinating 
     entity to the extent practicable.
       (c) Other Federal Agencies.--Nothing in this Act--
       (1) modifies, alters, or amends any law or regulation 
     authorizing a Federal agency to manage Federal land under the 
     jurisdiction of the Federal agency;
       (2) limits the discretion of a Federal land manager to 
     implement an approved land use plan within the boundaries of 
     the Heritage Area; or
       (3) modifies, alters, or amends any authorized use of 
     Federal land under the jurisdiction of a Federal agency.

     SEC. 9. PROPERTY OWNERS AND REGULATORY PROTECTIONS.

       Nothing in this Act shall be construed to--
       (1) abridge the rights of any property owner, public or 
     private, including the right to refrain from participating in 
     any plan, project, program, or activity conducted within the 
     Heritage Area;
       (2) require any property owner to permit public access 
     (including Federal, Tribal, State, or local government 
     access) to such property or to modify any provisions of 
     Federal, Tribal, State, or local law with regard to public 
     access or use of private lands;
       (3) alter any duly adopted land use regulations or approved 
     land use plan or any other regulatory authority of any 
     Federal, State, or local agency, or Tribal government or to 
     convey any land use or other regulatory authority to any 
     local coordinating entity;
       (4) authorize or imply the reservation or appropriation of 
     water or water rights;
       (5) diminish the authority of the State to manage fish and 
     wildlife, including the regulation of fishing and hunting 
     within the Heritage Area; or

[[Page S787]]

       (6) create any liability, or affect any liability under any 
     other law, of any private property owner with respect to any 
     persons injured on such private property.

     SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There is authorized to be appropriated for 
     the purposes of this Act $10,000,000, of which not more than 
     $1,000,000 shall be made available for any fiscal year.
       (b) Matching Funds.--Federal funding provided under this 
     Act may not exceed 50 percent of the total cost of any 
     assistance or grant provided or authorized under this Act. 
     Recipient matching funds--
       (1) must be from non-Federal sources; and
       (2) may be made in the form of in-kind contributions of 
     goods and services fairly valued.

     SEC. 11. SUNSET.

       The authority of the Secretary to provide financial 
     assistance under this Act shall terminate 15 years after the 
     date of enactment of the Act.
                                 ______
                                 
      By Mr. KENNEDY:
  S. 2605. A bill to require certain semiautomatic pistols 
manufactured, imported, or sold by Federal firearms licensees to be 
capable of microstamping ammunition; to the Committee on the Judiciary.
  Mr. KENNEDY. Mr. President, today I am introducing the National Crime 
Gun Identification Act as an important step to reduce gun violence and 
support law enforcement. The bill requires semiautomatic handguns 
manufactured, imported or sold by federal firearms licensees to be 
equipped with microstamping technology. Congressman Xavier Becerra is 
introducing a companion measure in the House this week.
  Nearly 70 percent of homicides in 2006 involved a firearm, and 
handguns were the weapons of choice for most offenders. Handguns are 
also the weapons most often used in murders of law enforcement 
officers. There is an urgent need for effective, high-tech gun-tracing 
capabilities such as microstamping, which can provide law enforcement 
with a much-needed investigation resource in solving gun crimes.
  Microstamping uses lasers to make precise, microscopic engravings on 
the firing pin and chamber of a weapon, and this information is 
transferred onto the cartridge casing when the weapon is fired. The 
information includes the gun's make, model and serial number, and can 
yield important evidence to law enforcement officers investigating 
crimes. California has already enacted such legislation, and the 
technology has the support of many individuals and organizations, 
including Boston Mayor Thomas Menino, the Boston Police Department, 
Seattle Mayor Gregory Nickles, the U.S. Conference of Mayors, the 
Coalition to Stop Gun Violence, and the Brady Campaign to Prevent Gun 
Violence. Additionally, the National Black Caucus of State Legislators 
passed a resolution supporting the use of microstamping technology.
  Microstamping is a significant new technology for ballistics 
identification. Congress should obviously support emerging technologies 
that enable law enforcement to make more effective use of evidence at 
crime scenes. Current ballistic analyses, conducted through the 
National Integrated Ballistic Information Network, depend on the 
transfer of accidental markings from a gun barrel to bullets and 
cartridge cases, which are then compared to a limited database with 
evidence from other crime scenes.
  The current Ballistic Information Network has already been an 
invaluable resource for law enforcement. A remarkable number of crimes 
have been solved by using it, and it makes sense to invest in the next 
generation of ballistic technology. Microstamping in no way replaces 
any of the methods currently used by police to conduct ballistics 
tests, but it would clearly enhance the work currently done by law 
enforcement agencies.
  FBI data indicate that handguns are used in most homicides, 
accounting for nearly 7,800 murders in 2006. In Massachusetts, violent 
crime rates are on the rise--growing 11 percent in Boston in 2006. In 
2005, Boston police made a total of 754 gun arrests and 797 illegal 
firearm seizures. Nevertheless, from 1997 to 2005, shooting incidents 
have jumped a drastic 153 percent. We can help law enforcement solve 
more handgun crimes and reduce gun trafficking through the use of 
microstamping technology.
  Bullet casings are often the only evidence left behind at crime 
scenes, particularly in gang crimes such as drive-by shootings. In 
Boston during 2006, bullet casings were recovered from nearly half of 
crime scenes involving shootings. In those cases, investigators could 
obviously have benefited from knowing the make, model and serial number 
of the guns involved in those crimes. Microstamp information can also 
be used to identify straw buyers and gun traffickers who supply the 
illegal flow of weapons to violent teens, gang members and other 
prohibited purchasers.
  Critics of microstamping technology claim that perpetrators engaged 
in crime will be able to subvert the technology by filing the 
microstamped information off the weapons. In fact, however, 
microstamping is virtually tamperproof. The microstamped information is 
invisible to the naked eye, and most criminals would be unable to 
detect it. The microstamp is placed on the firing pin and in the 
chamber of the gun, so even if a perpetrator replaced the firing pin, 
the information would still be transferred to the casing from the 
chamber.
  Others argue that criminals will plant cartridges at crime scenes to 
disrupt investigations. Realistically, however, we know that offenders 
rarely take even the simplest precautions, such as wearing gloves 
during a burglary, when engaging in criminal behavior.
  Opponents also contend that microstamping will result in the creation 
of a new national database of gun owners. In fact, it will not result 
in any new database, because it will use information already available 
to law enforcement officers investigating gun crimes. In addition, 
microstamped information on bullet casings can be viewed with imaging 
equipment generally found at Federal, State and local forensics 
laboratories, making it unnecessary to create and maintain special 
equipment or facilities.
  Finally, critics claim that the cost of adding microstamping 
technology is prohibitive. In fact, the technology will be available to 
manufacturers through a free licensing agreement from its inventor. 
Based on independent estimates, adding the technology to new 
semiautomatic handguns will cost only 50 cents to a dollar for each 
firearm produced by large volume manufacturers.
  Handgun owners and prospective handgun purchasers will not be 
burdened by this legislation. There will be no changes in the 
procedures or requirements for purchasing handguns. Existing handguns 
and handgun owners will not be affected by this legislation since it 
applies only to new handguns.
  The technology has been thoroughly tested. Independent examiners have 
fired thousands of rounds from guns with microstamping, and have 
consistently obtained readable marks on the casings.
  Microstamping technology is urgently needed by law enforcement and 
can make a major difference in solving gun crimes. It is cost effective 
and will not impinge on the rights of any gun owners. I urge my 
colleagues to support law enforcement and reduce gun crimes by enacting 
this important legislation.
                                 ______
                                 
      By Mr. DODD (for himself, Ms. Collins, Mr. Biden, and Mr. 
        McCain):
  S. 2606. A bill to reauthorize the United States Fire Administration, 
and for other purposes; to the Committee on Homeland Security and 
Governmental Affairs.
  Mr. DODD. Mr. President, I rise with my colleague, Senator Collins, 
along with Senators Biden and McCain, to introduce legislation that 
reauthorizes the U.S. Fire Administration, USFA.
  Established in 1974, the USFA provides critical support to 30,300 
fire departments across our Nation through training, emergency incident 
data collection, fire awareness and prevention education, and research 
and development activities. Each year, the USFA trains approximately 
one million fire and emergency personnel both at the USFA campus in 
Emmitsburg, Maryland, and through distance learning programs. The USFA 
also offers vital assistance to Federal Emergency Management Agency and 
Department of Homeland Security in the development of Federal 
preparedness and response policies.
  The legislation I am introducing today with my colleagues seeks to 
provide the USFA with proper resources so

[[Page S788]]

the agency may effectively meet the growing responsibilities of the 
fire service in the 21st century. It contains the following provisions. 
The USFA Reauthorization Act of 2008 provides $70 million in fiscal 
year 2009 with 1.3 percent annual increases through fiscal year 2012. 
The bill expands National Fire Academy training curricula to include 
issues relevant to urban-wildland interface fires, fires involving 
hazardous materials, and fire-based emergency medical services. The 
bill also encourages the expansion of onsite fire training, authorizes 
up to $5,000,000 annually for necessary technology upgrades to the 
National Fire Incident Reporting System, authorizes the USFA to expand 
research activities in relevant topics to urban-wildland interface 
fires, encourages the USFA to adopt national voluntary consensus 
standards relevant to firefighter health and safety, and requires the 
USFA to provide greater coordination with other Federal, State and 
local agencies on fire prevention and fire-based emergency medical 
services programs. Finally, the legislation establishes a rotating 
position at the DHS National Operations Center for State or local fire 
service officials. This new position will bring the expertise of the 
fire service to the incident management and information sharing 
activities of the Center.
  I am pleased to say this bipartisan legislation is supported by the 
Congressional Fire Services Institute, the International Association of 
Fire Fighters, the International Association of Fire Chiefs, and the 
National Volunteer Fire Council.
  The U.S. Fire Administration performs a critical array of duties that 
ensure the safety of Americans each day. It is important that we 
continue to pledge our support to the agency and our Nation's brave 
firefighters. I look forward to working with my colleagues on this 
important legislation.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:



                                S. 2606

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``United States Fire 
     Administration Reauthorization Act of 2008''.

     SEC. 2. FINDINGS.

       Congress makes the following findings:
       (1) The number of lives lost each year because of fire has 
     dropped significantly over the last 25 years in the United 
     States. However, the United States still has one of the 
     highest fire death rates in the industrialized world. In 
     2005, the National Fire Protection Association reported 3,675 
     civilian fire deaths, 17,925 civilian fire injuries, and 
     $10,672,000,000 in direct losses due to fire.
       (2) Every year, more than 100 firefighters die in the line 
     of duty. The United States Fire Administration should 
     continue its leadership to help local fire agencies 
     dramatically reduce these fatalities.
       (3) Members of the fire service community should continue 
     to work together to further the promotion of national 
     voluntary consensus standards that increase firefighter 
     safety.
       (4) The United States Fire Administration provides crucial 
     support to the 30,300 fire departments of the United States 
     through training, emergency incident data collection, fire 
     awareness and education, and support of research and 
     development activities for fire prevention, control, and 
     suppression technologies.
       (5) The collection of data on fire and other emergency 
     incidents is a vital tool both for policy makers and 
     emergency responders to identify and develop responses to 
     emerging hazards. Improving the data collection capabilities 
     of the United States Fire Administration is essential for 
     accurately tracking and responding to the magnitude and 
     nature of the fire problems of the United States.
       (6) The research and development performed by the National 
     Institute of Standards and Technology, the United States Fire 
     Administration, other government agencies, and non-
     governmental organizations on fire technologies, techniques, 
     and tools advance the capabilities of the fire service of the 
     United States to suppress and prevent fires.
       (7) The United States Fire Administration is one of the 
     strongest voices representing the fire service of the United 
     States within the Federal Government, and, as such, it should 
     have a prominent place within the Department of Homeland 
     Security.

     SEC. 3. AUTHORIZATION OF APPROPRIATIONS FOR UNITED STATES 
                   FIRE ADMINISTRATION.

       Section 17(g)(1) of the Federal Fire Prevention and Control 
     Act of 1974 (15 U.S.C. 2216(g)(1)) is amended--
       (1) in subparagraph (C), by striking ``and'' after the 
     semicolon;
       (2) in subparagraph (D), by striking the period at the end 
     and inserting a semicolon; and
       (3) by adding after subparagraph (D) the following:
       ``(E) $70,000,000 for fiscal year 2009, of which $2,520,000 
     shall be used to carry out section 8;
       ``(F) $72,100,000 for fiscal year 2010, of which $2,595,600 
     shall be used to carry out section 8;
       ``(G) $74,263,000 for fiscal year 2011, of which $2,673,468 
     shall be used to carry out section 8; and
       ``(H) $76,490,890 for fiscal year 2012, of which $2,753,672 
     shall be used to carry out section 8.''.

     SEC. 4. NATIONAL FIRE ACADEMY TRAINING PROGRAM MODIFICATIONS 
                   AND REPORTS.

       (a) Amendments to Fire Academy Training.--Section 7(d)(1) 
     of the Federal Fire Prevention and Control Act of 1974 (15 
     U.S.C. 2206(d)(1)) is amended--
       (1) in subparagraph (H), by striking ``terrorist-caused 
     national catastrophes'' and inserting ``all hazards, 
     including acts of terrorism'';
       (2) in subparagraph (K), by striking ``forest'' and 
     inserting ``wildland'';
       (3) in subparagraph (M), by striking ``response tactics 
     and'' and inserting ``response, tactics, and'';
       (4) by redesignating subparagraphs (I) through (N) as 
     subparagraphs (M) through (R), respectively; and
       (5) by inserting after subparagraph (H) the following:
       ``(I) response, tactics, and strategies for fighting large-
     scale fires or multiple fires in a general area that cross 
     jurisdictional boundaries;
       ``(J) response, tactics, and strategies for fighting fires 
     occurring at the wildland-urban interface;
       ``(K) response, tactics, and strategies for fighting fires 
     involving hazardous materials;
       ``(L) advanced emergency medical services training;''.
       (b) Triennial Reports.--Section 7 of such Act (15 U.S.C. 
     2206) is amended by adding at the end the following:
       ``(m) Triennial Report.--In the first annual report filed 
     pursuant to section 16 for which the deadline for filing is 
     after the expiration of the 18-month period that begins on 
     the date of the enactment of the United States Fire 
     Administration Reauthorization Act of 2008, and in every 
     third annual report thereafter, the Administrator shall 
     include information about changes made to the National Fire 
     Academy curriculum, including--
       ``(1) the basis for such changes, including a review of the 
     incorporation of lessons learned by emergency response 
     personnel after significant emergency events and emergency 
     preparedness exercises performed under the National Exercise 
     Program; and
       ``(2) the desired training outcome of all such changes.''.
       (c) Authorizing the Administrator to Enter Into Contracts 
     to Provide On-Site Training Through Certain Accredited 
     Organizations.--Section 7(f) of such Act (15 U.S.C. 2206) is 
     amended to read as follows:
       ``(f) Assistance.--
       ``(1) In general.--The Administrator may provide assistance 
     to State and local fire service training programs through 
     grants, contracts, or otherwise.
       ``(2) Authorization to enter into contracts to provide on-
     site training through certain accredited organizations.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the Administrator may enter into a contract with nationally 
     recognized organizations that have established on-site 
     training programs that comply with national voluntary 
     consensus standards for fire service personnel to facilitate 
     the delivery of the education and training programs outlined 
     in subsection (d)(1) directly to fire service personnel.
       ``(B) Limitation.--The Administrator may not enter into a 
     contract with an organization described in subparagraph (A) 
     unless such organization--
       ``(i) operates a fire service training program accredited 
     by a nationally recognized accreditation organization 
     experienced with accrediting such training; or
       ``(ii) at the time the Administrator enters into the 
     contract, provides training under such a program under a 
     cooperative agreement with a Federal agency.
       ``(3) Restriction on use of funds.--The amounts expended by 
     the Administrator to carry out this subsection in any fiscal 
     year shall not exceed 8 per centum of the amount authorized 
     to be appropriated in such fiscal year pursuant to section 17 
     of this Act.''.

     SEC. 5. NATIONAL FIRE INCIDENT REPORTING SYSTEM UPGRADES.

       (a) Incident Reporting System Database.--Section 9 of the 
     Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 
     2208) is amended by adding at the end the following:
       ``(d) National Fire Incident Reporting System Update.--Of 
     the amounts made available pursuant to subparagraphs (E), 
     (F), and (G) of section 17(g)(1), the Administrator shall use 
     not more than an aggregate amount of $5,000,000 during the 3-
     year period consisting of fiscal years 2009, 2010, and 2011 
     to carry out activities necessary to update the National Fire 
     Incident Reporting system to an Internet-based, real-time 
     incident reporting database, including capital investment, 
     contractor engagement, and user education.''.

[[Page S789]]

       (b) Technical Correction.--Section 9(b)(2) of such Act (15 
     U.S.C. 2208(b)(2)) is amended by striking ``assist State,'' 
     and inserting ``assist Federal, State,''.

     SEC. 6. FIRE TECHNOLOGY ASSISTANCE AND RESEARCH 
                   DISSEMINATION.

       (a) Assistance to Fire Services for Fire Prevention and 
     Control in Wildland-Urban Interface.--Section 8(d) of the 
     Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 
     2207(d)) is amended to read as follows:
       ``(d) Rural and Wildland-Urban Interface Assistance.--The 
     Administrator may, in coordination with the Secretary of 
     Agriculture, assist the fire services of the United States, 
     directly or through contracts, grants, or other forms of 
     assistance, to sponsor and encourage research into 
     approaches, techniques, systems, equipment, and land-use 
     policies to improve fire prevention and control in--
       ``(1) the rural and remote areas of the United States; and
       ``(2) the wildland-urban interface.''.
       (b) Technology Research Dissemination.--Section 8 of such 
     Act (15 U.S.C. 2207) is amended by adding at the end the 
     following:
       ``(h) Research Dissemination.--Beginning 1 year after the 
     date of the enactment of the United States Fire 
     Administration Reauthorization Act of 2008, the 
     Administrator, in collaboration with the relevant departments 
     and agencies of the Federal Government, shall make available 
     to the public information about all ongoing and planned fire-
     related research funded by the Administration during fiscal 
     year 2008 and each fiscal year thereafter, as well as the 
     results generated from such research, through a regularly 
     updated Internet-based database.''.

     SEC. 7. ENCOURAGING ADOPTION OF STANDARDS FOR FIREFIGHTER 
                   HEALTH AND SAFETY.

       The Federal Fire Prevention and Control Act of 1974 (15 
     U.S.C. 2201 et seq.) is amended by adding at the end the 
     following:

     ``SEC. 37. ENCOURAGING ADOPTION OF STANDARDS FOR FIREFIGHTER 
                   HEALTH AND SAFETY.

       ``The Administrator shall promote adoption by fire services 
     of national voluntary consensus standards for firefighter 
     health and safety, including such standards for firefighter 
     operations, training, staffing, and fitness, by--
       ``(1) educating fire services about such standards;
       ``(2) encouraging the adoption at all levels of government 
     of such standards; and
       ``(3) making recommendations on other ways in which the 
     Federal government can promote the adoption of such standards 
     by fire services.''.

     SEC. 8. STATE AND LOCAL FIRE SERVICE REPRESENTATION AT 
                   NATIONAL OPERATIONS CENTER.

       The Federal Fire Prevention and Control Act of 1974 (15 
     U.S.C. 2201 et seq.) is amended by inserting after section 22 
     the following:

     ``SEC. 23. STATE AND LOCAL FIRE SERVICE REPRESENTATION AT 
                   NATIONAL OPERATIONS CENTER.

       ``(a) Establishment of Position.--The Secretary of Homeland 
     Security shall, in consultation with the Administrator, 
     establish a fire service position at the National Operations 
     Center established under section 515 of the Homeland Security 
     Act of 2002 (6 U.S.C. 321d) (also known as the `Homeland 
     Security Operations Center') to represent the interests of 
     State and local fire services.
       ``(b) Designation of Position.--The Secretary of Homeland 
     Security shall designate, on a rotating basis, a State or 
     local fire service official for the position described in 
     subsection (a)
       ``(c) Management.--The Secretary of Homeland Security shall 
     manage the position established pursuant to subsection (a) in 
     accordance with such rules and regulations as govern other 
     similar rotating positions at the National Operations 
     Center.''.

     SEC. 9. COORDINATION REGARDING FIRE SERVICE-BASED EMERGENCY 
                   MEDICAL SERVICES.

       Section 21(e) of the Federal Fire Prevention and Control 
     Act of 1974 (15 U.S.C. 2218(e)) is amended to read as 
     follows:
       ``(e) Coordination.--
       ``(1) In general.--To the extent practicable, the 
     Administrator shall use existing programs, data, information, 
     and facilities already available in other Federal Government 
     departments and agencies and, where appropriate, existing 
     research organizations, centers, and universities.
       ``(2) Coordination of fire prevention and control 
     programs.--The Administrator shall provide liaison at an 
     appropriate organizational level to assure coordination of 
     the activities of the Administrator with State and local 
     government agencies, departments, bureaus, or offices 
     concerned with any matter related to programs of fire 
     prevention and control with private and other Federal 
     organizations and offices so concerned.
       ``(3) Coordination of fire service-based emergency medical 
     services programs.--The Administrator shall provide liaison 
     at an appropriate organizational level to assure coordination 
     of the activities of the Administrator with State and local 
     government agencies, departments, bureaus, or offices 
     concerned with programs related to emergency medical services 
     provided by fire service-based systems with private and other 
     Federal organizations and offices so concerned.''.

     SEC. 10. DEFINITIONS.

       Section 4 of the Federal Fire Prevention and Control Act of 
     1974 (15 U.S.C. 2203) is amended--
       (1) in paragraph (3), by striking ``Administration'' and 
     inserting ``Administration, who is the Assistant 
     Administrator of the Federal Emergency Management Agency'';
       (2) in paragraph (7), by striking the ``and'' after the 
     semicolon;
       (3) in paragraph (8), by striking the period at the end and 
     inserting ``; and'';
       (4) by redesignating paragraphs (6), (7), and (8) as 
     paragraphs (7), (8), and (9), respectively;
       (5) by inserting after paragraph (5) the following:
       ``(6) `hazardous material' has the meaning given such term 
     in section 5102 of title 49, United States Code;''; and
       (6) by adding at the end the following:
       ``(10) `wildland-urban interface' has the meaning given 
     such term in section 101 of the Healthy Forests Restoration 
     Act of 2003 (16 U.S.C. 6511).''.
  Ms. COLLINS. Mr. President. I am pleased to join Senator Dodd in 
introducing legislation to reauthorize the U.S. Fire Administration. 
The bill would provide additional resources to help the agency meet its 
growing responsibilities. We are pleased to be joined by our fellow 
cochairs of the Congressional Fire Services Caucus--Senators McCain and 
Biden.
  Since its creation in 1974, the Fire Administration and its Fire 
Academy have helped prevent fires, protect property, and save lives 
among firefighters and the public. Today, the Fire Administration is 
also integrated into our national, all-hazards preparations against 
natural disasters and terrorist attacks.
  Last month marked the fifth anniversary of the Fire Administration's 
reorganization as part of the Federal Emergency Management Agency 
within the Department of Homeland Security. As both Ranking Member of 
the Senate Committee on Homeland Security and as a cochair of the 
Congressional Fire Services Caucus, I am pleased that the bill being 
introduced today does much more than reauthorize the Fire 
Administration.
  For example, the bill designates $5 million annually to support 
necessary technology upgrades to the National Fire Incident Reporting 
System. This important system helps State and local governments report 
and analyze fires, and allows nationwide sharing of data in standard 
formats. This database--the world's largest collection of fire-incident 
information--helps all levels of government to probe the nature and 
causes of injuries, deaths, and property loss resulting from fires.

  Another vital component of this bill establishes a rotating position 
at the DHS National Operations Center to be filled by a State or local 
fire-service official. In our comprehensive, all-hazards approach to 
major disasters, it is just as important to have the fire services 
represented at operations center as it is military liaisons.
  The bill has other important provisions, including provision for a 
1.3 percent annual increase in the initial $70 million authorization 
through fiscal year 2012. In addition, the bill expands National Fire 
Academy training programs to include topics like hazardous-material 
fires and fire-based emergency medical services. It authorizes expanded 
research on fires in the urban-wildland interface and in rural areas. 
It encourages the Fire Administration to adopt national voluntary 
standards on firefighter health and safety--an important topic, 
considering that about 100 brave firefighters lose their lives in the 
line of duty each year, with many more suffering serious injuries.
  My home state of Maine is keenly aware of the dangers of fire and the 
importance of effective fire services. Maine is one of the most rural 
states in the nation and most of its housing stock is wood framed. Some 
households rely on woodstoves for primary or supplemental heat.
  According to the Maine Department of Public Safety, nearly 50 Mainers 
died in fires every year through the 1950s, '60s, and '70s. The average 
so far for this decade is 18, and 2007 produced only 12 fire-related 
deaths, still too many but a considerable improvement.
  Maine public-safety officials attribute the decline to factors like 
wider use of smoke detectors and improved building codes--and fire-
prevention efforts. As our national resource and clearing house for 
fire research, education, and training, the U.S. Fire Administration 
certainly deserves a share of the credit for my state's progress in 
reducing the pain, devastation, and death wrought by fires.

[[Page S790]]

  I have no doubt the Fire Administration's beneficial effects will 
grow. Its new campaign for preventing smoking-related home fires is a 
worthy effort. Its growing curriculum of online courses on topics like 
incident command for nursing-home fires, emergency medical service at 
multi-casualty incidents, and emergency response to terrorism is a 
valuable resource for firefighters.
  The U.S. Fire Administration is a fine example of the good that can 
come of federal, state, and local collaboration to counter an ancient 
threat and to address new ones. I urge my colleagues to join me in 
supporting the reauthorization and improvement of this valuable agency.
                                 ______
                                 
      By Ms. SNOWE:
  S. 2607. A bill to make a technical correction to section 3009 of the 
Deficit Reduction Act of 2005; to the Committee on Commerce, Science, 
and Transportation.
  Ms. SNOWE. Mr. President, I rise today to introduce legislation that 
would better facilitate the DTV transition for rural Americans by 
making funds for digital upgrades available sooner to low-power 
television stations and translators. The reason this is imperative is 
that we don't want to create another ``digital divide'' where rural and 
low-income areas are not able to reap the benefits of digital TV as 
quickly as their urban counterparts.
  Under the current statute, the Assistant Secretary for Communications 
and Information at the Department of Commerce must make payments for 
the low-power TV and translator upgrade program during fiscal year 
2009--October 1, 2008 to September 30, 2009--but may not actually 
disburse reimbursement payments until after October 1, 2010, which is 
20 months past the DTV transition deadline of February 2009.
  By having such a long delay for reimbursements, it will inevitably 
hold up the analog to digital upgrades of low-power TV stations and 
translators. This would adversely affect viewers since they will not be 
able to receive the benefits that digital signals offer and hence 
create this additional ``digital divide'' to these mostly rural and 
low-income areas where low-power TV and translators typically are 
situated.
  This bill would correct this oversight and change the language to 
have the Assistant Secretary make payments during the fiscal years 2009 
to 2012, and start providing reimbursements for the upgrade program on 
February 18, 2009, and in doing so will move up the date 20 months to 
bring the upgrade program more in line with the main deadline of the 
DTV transition. This will allow LPTV and translators to be reimbursed 
more quickly for analog to digital equipment upgrades, which can run in 
the tens of thousands of dollars.
  As we all know, in less than 380 days, on February 17, 2009, 
television broadcasts will transition from analog TV signals to an all-
digital system and in doing so begin a new chapter of innovation and 
viewing experience. The transition will free up scarce broadcast 
spectrum so that first responders and public safety services have much 
needed spectrum capacity. It will also provide space for advanced 
wireless technologies, which will bring us improved broadband and 
communications services. In addition, the new digital TV signals will 
provide higher quality video and sound, as well as the opportunity for 
broadcasters to offer new services such as interactive TV and 
multicasting, which allows the transmission of several program streams 
on one broadcast channel.
  Consumer awareness of the DTV transition is improving and the 
Commerce Department announced earlier this month that it had already 
received requests from more than 2 million households for nearly 4 
million converter box coupons--so demand is strong. More and more 
consumers are realizing the importance and benefits of the DTV 
transition. We must not unduly prohibit any American from not reaping 
the tremendous advantages of digital TV and other services that will 
quickly follow due to the transition. If we don't correct this critical 
oversight in the current law, we will do just that, once again 
disadvantaging the areas and people that have the most to gain from 
this new technology. That is why I sincerely hope that my colleagues 
join me in supporting the critical legislation.
  Mr. President. I yield the floor.

                                S. 2607

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. REIMBURSEMENTS FROM THE DIGITAL TELEVISION 
                   TRANSITION AND PUBLIC SAFETY FUND.

       Section 3009(a) of the Deficit Reduction Act of 2005 
     (Public Law 109-171) is amended--
       (1) by striking ``fiscal year 2009'' and inserting ``fiscal 
     years 2009 through 2012; and''
       (2) by striking ``no earlier than October 1, 2010'' and 
     inserting ``on or after February 18, 2009''.
                                 ______
                                 
      By Ms. SNOWE (for herself and Mrs. Dole):
  S. 2608. A bill to make improvements to the Small Business Act; to 
the Committee on Small Business and Entrepreneurship.
  Ms. SNOWE. Mr. President, I rise today, along with Senator Dole, to 
introduce the Small Business Women's Procurement Improvement Act, a 
measure that would enhance the Small Business Administration's women's 
procurement program, which was created back in 2000, to provide 
contracting opportunities to women-owned small businesses in Maine and 
across the Nation. As Ranking Member of the Senate Committee on Small 
Business and Entrepreneurship, one of my top priorities is to champion 
our nation's women-owned small businesses and to promote their 
interests. In these uncertain economic times it is our financial 
strengths that we must rely upon most. Women-owned small businesses are 
one such strength. In recent years, the percent growth in the number of 
women-owned firms was nearly twice that of all U.S. firms. Thus, we 
need to create programs that will continue to grow this vital and 
crucial resource.
  Regrettably, the Small Business Administration, SBA, has failed to 
implement the women's procurement program that was enacted into law 
back in 2000. In December, the SBA finally proposed a rule to implement 
the program. The SBA had the opportunity to hit a home run, but instead 
published a rule that is highly deficient and unlikely to have any 
practical effect in helping the Federal Government satisfy its 5 
percent women's contracting goal. So far, there has been one law--
enacted back in December 2000--three reports, numerous hearings, and 
two proposed rules, and, tragically, it appears that we are no closer 
today then we were 7 years ago to helping our nation's small women-
owned businesses stimulate our economy. What an inconceivable missed 
opportunity for the SBA to help boost our economy by promoting women-
owned businesses.
  The SBA's proposed rule has two fundamental flaws which hinder it 
from functioning as Congress originally intended. First, the proposed 
rule identifies just four industries, out of more than one hundred, in 
which women-owned small businesses are under-represented and eligible 
for set-asides. According to the Central Contractor Registration, this 
gross disparity means a mere 1,238 businesses across the entire 
Nation--or 2 percent of all women-owned small business contractors--
would be subject to the proposed rule. Regrettably, only two of these 
contractors are located in my home State of Maine.
  Second, for SBA's proposed rule to go into effect, individual Federal 
agencies must first publicly admit to a history of gender 
discrimination. I find it difficult, if not impossible, to envision a 
scenario where a Federal agency would make such an admission. 
Furthermore, such an unworkable admission isn't required anywhere in 
the Small Business Act.
  To help remedy this appalling circumstance, today we introduce 
legislation to amend the Small Business Act so that the women-owned 
small businesses can finally have a procurement program that makes a 
real difference, not a 2 percent difference. For example, our bill 
would substantially broaden the range of applicable business industries 
for women across this Nation and take down the unnecessary barriers it 
has recently proposed. Women-owned small businesses deserve more than 2 
percent of available business industries. These four industries will do 
little to nothing to help Federal agencies reach its statutory 
government-wide goal. Sadly enough, one of the industries the SBA has 
selected does not

[[Page S791]]

allow for any private business participation, let alone women business 
participation.
  Our bill also would preclude the SBA from promulgating a final rule 
that requires individual agencies to admit to past discrimination as a 
prerequisite for participation in the set-aside program. We find it 
difficult to envision a circumstance in which any agency would make 
such an admission. Furthermore, this requirement is not mandated 
anywhere in the Small Business Act.
  Our bill has gained the support of women-owned small businesses 
across the Nation including major women's organizations like the U.S. 
Women's Chamber of Commerce, Women Impacting Public Policy, the 
National Women Business Owners Corporation, the Women Presidents' 
Organization, the Women Presidents' Educational Organization, and the 
Women's Business Development Center.
  It has been nearly 14 years since the women's 5 percent government-
wide contracting goal was established in 1994, but since its enactment, 
the women's contracting goal has never been met. Shockingly, at the 
historical percentage rate of increase, it would take until 2019 for 
this goal to be met--25 years after enactment of the original statutory 
requirement.
  According to recent figures, women-owned firms in the U.S. generate 
$1.1 trillion in annual sales and employ 7.2 million people nationwide. 
I take great pride that my own state of Maine is a forerunner for 
women-owned businesses with more than 63,000 women-owned firms, 
creating 75,000 jobs, and spurring more than $9 billion in sales.
  The SBA must develop a functioning procurement program that will 
cultivate women business so that they in turn can help grow our 
Nation's economy. This is why women businesses need a workable 
procurement program that does not create impenetrable barriers and 
provide so few business opportunities. Our bill eliminates these 
barriers and gives women-owned small business a tool they can use that 
will help them continue to grow our suffering economy. If ever there 
were a time to secure new avenues to generate revenue and spur the 
economy, wouldn't that time be now?
  I urge my colleagues in Congress to support this vital legislation, 
so that we in Congress can make sure that the SBA publishes a 
meaningful final rule that will assist the Federal Government to 
satisfy--if not exceed--its government-wide contracting goal, and to 
help women-owned small businesses to stimulate our Nation's economy.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 2608

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Small Business Women's 
     Procurement Program Improvement Act''.

     SEC. 2. FINDINGS.

       Congress finds--
       (1) based on evidence presented by Congressional witnesses, 
     testimony before Congress, and studies and reports, that 
     women-owned small business concerns are under represented in 
     certain identified industries with respect to Federal 
     procurement contracting; and
       (2) the women's small business government-wide statutory 
     goal has never been achieved since the time of its enactment.

     SEC. 3. SMALL BUSINESS ACT PROGRAM IMPROVEMENTS.

       Section 8(m) of the Small Business Act (15 U.S.C. 637(m)) 
     is amended--
       (1) in paragraph (2)(C), by striking ``(3)'' and inserting 
     ``(4)'';
       (2) in paragraph (2), by striking subparagraph (D) and 
     inserting the following:
       ``(D) the contract is consistent with the requirements set 
     forth in subsection (a)(1)(D)(i);'';
       (3) by striking paragraph (4) and inserting the following:
       ``(4) Identification of industries.--
       ``(A) Study required.--The Administrator shall conduct a 
     study 5 years after the date on which the program under this 
     section is implemented, to identify industries in which small 
     business concerns owned and controlled by women are 
     underrepresented with respect to Federal procurement 
     contracting.
       ``(B) Presumption relating to underrepresentation.--For 
     purposes of this subsection, the industries identified by the 
     2007 North American Industry Classification System Code as 
     industry codes 11 through 81 (as published by the Bureau of 
     the Census) shall be presumed to be industries in which small 
     business concerns owned and controlled by women are 
     underrepresented with respect to Federal procurement 
     contracting.''; and
       (4) by adding at the end the following:
       ``(7) No past finding of discrimination required.--
     Notwithstanding any other provision of law, a contracting 
     officer need not make a finding of past gender discrimination 
     by a contracting agency in order to comply with or otherwise 
     be subject to the requirements of this subsection.''.
                                 ______
                                 
      By Mr. FEINGOLD (for himself, Mr. Coleman, Mr. Casey, Mr. 
        Cochran, Mr. Kerry, Mr. Whitehouse, and Mr. Voinovich):
  S. 2609. A bill to establish a Global Service Fellowship Program, and 
for other purposes; to the Committee on Foreign Relations.
  Mr. FEINGOLD. Mr. President, today I am pleased to reintroduce the 
Global Service Fellowship Program Act. This important bipartisan bill 
would provide more Americans the opportunity to volunteer overseas and 
strengthen our existing Federal international education and exchange 
system. The U.S. Government needs to be taking a greater role in 
providing opportunities for U.S. citizens to volunteer overseas, and my 
bill will enhance U.S. efforts to be a global leader in people-to-
people engagement.
  People-to-people engagement is one of the United States' most 
effective public diplomacy tools and, today more than ever, we need to 
be investing in every opportunity to improve the perception of the U.S. 
overseas.
  I often hear from constituents about their experiences volunteering 
overseas and how those experiences impacted their lives and the lives 
of those who they were helping. For example, I received an email from 
Eric Englund, from my hometown of Middleton, who wrote, ``[My wife Jane 
and I] have been privileged to participate in international 
volunteering experiences in 2006 and 2007. In 2006 we spent 4 weeks in 
China teaching English to Chinese primary and secondary English 
teachers in Xingping, China. * * * In 2007 we spent two weeks in 
Tanzania with Habitat for Humanity. . . . We return[ed] from both 
experiences humbled in the understanding of how lucky we have been and 
hungry to continue to share with others a cultural exchange that is 
hopefully symbiotic in helping us grow/learn/appreciate while at the 
same time sharing our knowledge, compassion and abilities with 
others.'' This email captures the life-changing effects that 
international volunteering often has on those who choose to commit 
their time and resources to volunteering across the globe.
  Unfortunately, not enough of my constituents are able to volunteer 
overseas because of financial or time-related barriers. In an effort to 
reduce these barriers, I initially introduced, along with my colleague 
Senator Coleman, the Global Service Fellowship bill. Today, I am 
reintroducing a new and improved version of the bill.
  This new bill builds on the original legislation but now ensures 
fellowships are not taxed, addresses the importance of geographical 
diversity in the selection process, and increases collaborative 
opportunities for the U.S. Agency for International Development and the 
Department of State in establishing and administering the program.
  Additionally, congressional involvement has been changed from the 
original bill. The new version calls on participants to engage with 
Members of Congress prior to their departure and again upon their 
return by providing Members with a brief report of their experiences 
and impact abroad. The changes are intended to ensure that fellows are 
selected based on the merits while preserving for Members of Congress 
the opportunity, if they so wish, to engage directly with constituents 
who have volunteered for significant overseas work, whether by a 
personal exchange, a public event or correspondence that recognizes the 
value of their volunteer efforts.
  Studies have shown that in areas where U.S. citizens have volunteered 
their time, money, and services, opinions of the U.S. have improved. 
Greater investment in volunteer opportunities has significant potential 
to improve the image of the U.S. overseas and while we have important 
programs already in place--the Peace Corps, programs administered 
through the Department of State's Bureau of Education and Cultural 
Affairs, and

[[Page S792]]

USAID's Volunteers for Prosperity--we can and should be doing more.
  My bill would cost $150 million, which is more than offset by a 
provision that would require the IRS to deposit all of its fee receipts 
in the Treasury as miscellaneous receipts. CBO has estimated that this 
offset will save $559 million over 5 years for net deficit reduction of 
just over $400 million.
  I am pleased that my colleagues, Senators Coleman, Casey, Cochran, 
Kerry, Voinovich, and Whitehouse have joined me in re-introducing this 
bill. This program will be a valuable addition to our public diplomacy 
and our private humanitarian efforts overseas and I encourage my 
colleagues to support the bill.
                                 ______
                                 
      By Mr. DORGAN (for himself, Mr. Brown, and Mr. Casey):
  S. 2611. A bill to make bills implementing trade agreements subject 
to a point of order unless certain conditions are met, and for other 
purposes; to the Committee on Finance.
  Mr. DORGAN. Mr. President, today I am introducing a piece of 
legislation aimed at changing the course of our international trade 
policy.
  Part of the problem with our current trade agenda is that there is no 
mechanism to gauge whether the trade agreements we enter into are 
successful--and there is no mechanism to withdraw from agreements that 
have not been successful.
  So I am joining with Senators Brown and Casey in introducing the 
Trade Agreement Benchmarks and Accountability Act, which aims to fix 
that.
  This is how the bill would work.
  The legislation would create a point of order in the Senate against 
any future bill implementing a new trade agreement unless it included 
benchmarks to gauge the success or failure of the agreement.
  The benchmarks would include, at a minimum, the trade agreement's 
impact in four respects.
  First, the number of U.S. jobs created and lost.
  Second, the impact on U.S. wages.
  Third, the extent to which U.S. exports gain foreign market access in 
key sectors.
  Fourth, the extent to which labor and environmental laws are followed 
and enforced.
  The U.S. Trade Representative's office could include additional 
benchmarks in the implementing legislation, at their discretion.
  Every 5 years, the U.S. International Trade Commission, ITC, would 
assess whether the benchmarks in the implementing legislation had been 
met.
  If the ITC determined that any of the benchmarks were not met, there 
would be an expedited process under which the House and the Senate 
would consider a privileged resolution to pull the United States out of 
the trade agreement.
  The resolution would be considered under expedited rules. The 
resolution would first be referred to the Ways and Means and Finance 
committees. If those committees failed to report out the resolution 
within a set period of time, either favorably or unfavorably, the 
resolution would be automatically discharged to the full House and 
Senate.
  The resolution would not be amendable, and a floor vote in the House 
and the Senate on whether to approve the resolution would be mandatory.
  Let me explain why something like this is necessary.
  When NAFTA was sent to Congress for a vote in 1993, its advocates 
said that there would be 200,000 new jobs created annually as a result.
  The proponents relied on a study by economists Gary Clyde Hufbauer 
and Jeffrey Schott. Hufbauer and Schott actually predicted that NAFTA 
would create 170,000 new jobs by 1995. But proponents of the deal in 
the administration and the Senate rounded this number up to 200,000 
jobs.
  Well, we now know that NAFTA has resulted in hundreds of thousands of 
job losses. About 412,000 U.S. jobs have been certified as lost to 
NAFTA, under just one program at the U.S. Labor Department.
  In 2003, 10 years after NAFTA had been approved, I commissioned a 
study from the Congressional Research Service, which identified the top 
100 companies that laid off U.S. workers as a result of NAFTA, between 
1994 and 2002.
  To come up with its data, CRS turned to the Department of Labor, 
which has a ``Trade Adjustment Assistance'' program that gives 
temporary benefits to workers laid off due to NAFTA.
  This program requires companies to certify that they intended to 
eliminate U.S. jobs specifically because of NAFTA. This means that we 
can directly attribute these job losses to NAFTA.
  These 100 companies accounted for 201,414 U.S. jobs lost specifically 
due to NAFTA. In every instance, the companies doing the layoffs 
certified that the jobs were being cut directly because of NAFTA.
  If you look at all U.S. companies that participated in the Department 
of Labor program, the total number of U.S. jobs lost due to NAFTA is 
412,177--and that is just under this one program alone.
  There are some very familiar products, which many people consider 
all-American, now being produced in Mexico.
  Levi Strauss laid off 15,676 U.S. workers due to NAFTA, and now makes 
its jeans in Mexico.
  In March 2003, Kraft Foods closed the Nabisco plant in Fair Lawn, NJ, 
that made Fig Newtons. About 240 jobs were lost right there. Those jobs 
are now in Monterrey, Mexico. Kraft Foods has cut about 955 jobs due to 
NAFTA.
  Fruit of the Loom laid off 5,352 U.S. workers in Texas alone, and 
thousands more in Louisiana. I have often said that it is one thing to 
lose your shirt, quite another to lose your shorts.
  In March 2001, Mattel closed its last factory in the U.S.--a western 
Kentucky plant that produced toys such as Barbie playhouses and 
battery-powered pickups for nearly 30 years. The company shifted 
production at the 980-employee Kentucky plant to factories in Mexico.
  John Deere has laid off about 1,150 workers, who made lawn mowers and 
chainsaws, and moved the jobs to Mexico.
  By the way, in addition to this CRS study, a separate study by the 
Economic Policy Institute found that the overall net effect of NAFTA 
had been the loss of nearly 800,000 American jobs.
  Today, the administration and the U.S. Trade Representative are 
careful to avoid promising that new trade agreements will create more 
U.S. jobs than the agreements will destroy.
  But the administration has no problem figuring out how great trade 
deals will be for other countries.
  One month before the administration signed a trade agreement with 
Korea last year, our principal negotiator in Korea, Assistant U.S. 
Trade Representative Wendy Cutler, was already touting the benefits 
that the agreement would offer Korea:

       An FTA with the United States is predicted to produce 
     significant economic benefits for the Korean economy, 
     increasing Korea's real GDP by as much as 2%, establishing a 
     foundation for Korea to achieve per capita income to as high 
     as $30,000, boosting exports to the United States by 15%, and 
     creating 100,000 new jobs.

  Remarkably, Ms. Cutler had no difficulty predicting a specific level 
of job creation in Korea. But she made no similar projection with 
respect to the United States.
  Well, we need accountability in trade agreements. And the best way to 
do that is with benchmarks.
  This is a forward-looking strategy for a successful trade policy that 
is in America's national interest.
  Our bill would apply only to future trade agreements. It would not 
apply retroactively to NAFTA.
  I should say, however, that I think it is important that we gauge the 
impact of NAFTA on U.S. jobs. And I was able to include language in the 
omnibus conference report that will require the Department of Labor, by 
the end of 2008, to calculate the net impact of NAFTA on U.S. jobs, 
industry by industry.
  In any event, we think that this piece of legislation should be 
embraced by the U.S. Congress, because the American people are 
beginning to demand accountability in trade.
  On October 4, the Wall Street Journal provided fresh evidence that 
the American people don't believe that free trade deals are creating 
jobs.
  The Wall Street Journal ran a story with the headline ``Republicans 
Grow Skeptical on Free Trade.''

[[Page S793]]

  The story described a poll, which found that by a two-to-one margin, 
Republican voters believe free trade deals have been bad for the U.S. 
economy.
  It turns out that dissatisfaction with our current trade policy is a 
bipartisan sentiment.
  The poll found that 59 percent of polled Republican voters agreed 
with the following statement:

       Foreign trade has been bad for the U.S. economy, because 
     imports from abroad have reduced demand for American-made 
     goods, cost jobs here at home, and produced potentially 
     unsafe products.

  Only 32 percent of polled Republican voters agreed with the following 
statement:

       Foreign trade has been good for the US. economy, because 
     demand for U.S. products abroad has resulted in economic 
     growth and jobs for Americans here at home and provided more 
     choices for consumers.

  This poll suggests a dramatic change in the way Americans view free 
trade agreements.
  In December 1999, the Wall Street Journal did a poll that found that 
only 31 percent of Republican voters thought free trade agreements had 
hurt our country.
  But in this month's poll, the Wall Street Journal found that the 
number of Republican voters opposing free trade agreements had risen 
from 31 percent to 59 percent.
  Clearly, the American people have seen the results of free trade 
deals, and they don't like what they see. They demand accountability. 
And the Trade Agreement Benchmarks and Accountability Act would give 
them precisely that.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 2611

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Trade Agreement Benchmarks 
     and Accountability Act''.

     SEC. 2. LIMITATIONS ON BILLS IMPLEMENTING TRADE AGREEMENTS.

       (a) In General.--Notwithstanding section 151 of the Trade 
     Act of 1974 (19 U.S.C. 2191) or any other provision of law, 
     any bill implementing a trade agreement between the United 
     States and another country shall be subject to a point of 
     order pursuant to subsection (c) unless the bill--
       (1) is accompanied by a statement of the benchmarks 
     described in subsection (b)(1) and that statement is approved 
     as part of the implementing bill; and
       (2) contains the reporting provisions described in 
     subsection (b)(2).
       (b) Benchmarks and Reporting Provisions.--
       (1) Benchmarks.--
       (A) In general.--Each bill implementing a trade agreement 
     shall be accompanied by a statement that contains benchmarks 
     described in subparagraph (B) and predictions made by the 
     International Trade Commission, the United States Trade 
     Representative, and other Federal agencies, of the impact the 
     implementation of the agreement will have on the United 
     States economy.
       (B) Description of benchmarks.--The benchmarks described in 
     this subparagraph are as follows:
       (i) An estimate of the number of new jobs that will be 
     created, the number of existing jobs that will be lost, and 
     the expected net effect on job creation in the United States 
     as a result of the agreement. The estimate shall include the 
     number and type of the new jobs that will be created and 
     lost.
       (ii) An assessment and quantitative analysis of the extent 
     to which the agreement will result in an improvement in wages 
     for workers in the United States.
       (iii) An assessment and quantitative analysis of how each 
     country that is a party to the agreement is implementing and 
     enforcing the labor and environmental standards that are part 
     of the agreement.
       (iv) A quantitative analysis of the extent to which the 
     agreement will result in an increase in the access by United 
     States businesses to the market of each country that is a 
     party to the agreement, particularly those sectors identified 
     by the United States Trade Representative as of special 
     importance with respect to the agreement.
       (2) Reporting provisions.--The reporting provisions 
     described in this subsection are that each bill implementing 
     a trade agreement shall contain a requirement that not later 
     than 5 years after the date the agreement enters into force 
     with respect to the United States, and every 5 years 
     thereafter, the International Trade Commission shall submit 
     to Congress a report that provides an assessment and 
     quantitative analysis of how the trade agreement has resulted 
     in meeting the benchmarks described in paragraph (1).
       (3) Contents and conclusions of report.--The International 
     Trade Commission shall determine in any report required by 
     this section regarding an agreement whether the benchmarks 
     and predictions described in paragraph (1)(B) (i) and (ii) 
     have been met with respect to that agreement.
       (c) Point of Order in Senate.--The Senate shall cease 
     consideration of a bill to implement a trade agreement, if--
       (1) a point of order is made by any Senator against any 
     bill implementing a trade agreement that is not accompanied 
     by statement regarding the benchmarks to be achieved by the 
     agreement or does not contain the reporting provisions 
     regarding the benchmarks described in subsection (b); and
       (2) the point of order is sustained by the Presiding 
     Officer.
       (d) Withdrawal of Approval.--
       (1) In general.--The approval of Congress, provided in a 
     bill to implement a trade agreement, shall cease to be 
     effective if, and only if, a report described in subsection 
     (b) indicates that the benchmarks and predictions made in 
     connection with the agreement are not being met and a joint 
     resolution described in subsection (e) is enacted into law 
     pursuant to the provisions of subsection (e) and paragraph 
     (2).
       (2) Procedural provisions.--
       (A) In general.--The requirements of this paragraph are met 
     if the joint resolution is enacted under subsection (e), 
     and--
       (i) Congress adopts and transmits the joint resolution to 
     the President before the end of the 1-year period (excluding 
     any day described in section 154(b) of the Trade Act of 1974 
     (19 U.S.C. 2194(b)), beginning on the date on which Congress 
     receives a report described in subsection (b); and
       (ii) if the President vetoes the joint resolution, each 
     House of Congress votes to override that veto on or before 
     the later of the last day of the 1-year period referred to in 
     clause (i) or the last day of the 15-day period (excluding 
     any day described in section 154(b) of the Trade Act of 1974) 
     beginning on the date on which Congress receives the veto 
     message from the President.
       (B) Introduction.--A joint resolution to which this section 
     applies may be introduced at any time on or after the date on 
     which the International Trade Commission transmits to 
     Congress a report described in subsection (b), and before the 
     end of the 1-year period referred to in subparagraph (A)(i).
       (e) Joint Resolutions.--
       (1) Joint resolutions.--For purposes of this section, the 
     term ``joint resolution'' means only a joint resolution of 
     the 2 Houses of Congress, the matter after the resolving 
     clause of which is as follows: ``That Congress withdraws its 
     approval, provided under section __ of the ___________, of 
     the ______ Agreement.'', with the first blank space being 
     filled with the section of the Act implementing and approving 
     the applicable agreement, the second blank space being filled 
     with the name of the Act implementing and approving the 
     agreement, and the third blank space being filled with the 
     title of the agreement.
       (2) Procedures.--
       (A) Introduction and referral.--
       (i) House of representatives.--Joint Resolutions in the 
     House of Representatives--

       (I) may be introduced by any Member of the House;
       (II) shall be referred to the Committee on Ways and Means 
     and, in addition, to the Committee on Rules; and
       (III) may not be amended by either Committee.

       (ii) Senate.--Joint Resolutions in the Senate--

       (I) may be introduced by any Member of the Senate;
       (II) shall be referred to the Committee on Finance; and
       (III) may not be amended.

       (B) Consideration by committees.--
       (i) House of representatives.--It is not in order for the 
     House of Representatives to consider any resolution that is 
     not reported by the Committee on Ways and Means and, in 
     addition, by the Committee on Rules.
       (ii) Senate.--It is not in order for the Senate to consider 
     any resolution that is not reported by the Committee on 
     Finance.
       (C) Application of other provisions.--The provisions of 
     section 152 (c), (d), and (e) of the Trade Act of 1974 (19 
     U.S.C. 2192 (c), (d), and (e)) (relating to discharge of 
     committees and floor consideration of certain resolutions in 
     the House and Senate) shall apply to joint resolutions under 
     this section to the same extent as such provisions apply to 
     resolutions under such section.
       (3) Rules of house of representatives and senate.--This 
     subsection is enacted by Congress--
       (A) as an exercise of the rulemaking power of the House of 
     Representatives and the Senate, respectively, and as such is 
     deemed a part of the rules of each House, respectively, and 
     such procedures supersede other rules only to the extent that 
     they are inconsistent with such other rules; and
       (B) with the full recognition of the constitutional right 
     of either House to change the rules (so far as relating to 
     the procedures of that House) at any time, in the same manner 
     and to the same extent as any other rule of that House.
                                 ______
                                 
      By Mr. KERRY:
  S. 2612. A bill to provide economic stimulus for small business 
concerns; to the Committee on Small Business and Entrepreneurship.
  Mr. KERRY. Mr. President, data from the Federal Reserve Bank and the

[[Page S794]]

Small Business Administration show that the home mortgage crisis is 
spreading, making it harder and more expensive for small businesses to 
get loans. Specifically, according to the Federal Reserve's survey, 
more than 30 percent of domestic banks indicated that they have 
tightened their credit standards for commercial and industrial loans to 
small businesses over the past three months. That same survey also 
found that 80 percent of the domestic banks reported tighter lending 
standards for commercial real estate loans--the highest percentage 
recorded since the Fed began posing the question 18 years ago.
  While that information is troubling, it is not a surprise. So far 
this fiscal year, the number of loans made through the SBA's largest 
lending program, the 7(a) loan guaranty program, dropped 14 percent 
compared with the same period last year, and dollar volume fell six 
percent. Lending in SBA's 504 loan program, after growing steadily over 
the last few years, and being up even three months ago, has gone flat. 
These figures are alarming because, historically, SBA loan activity has 
increased when the conventional credit market has tightened and their 
absence or smaller role in financing is a problem. Why? These two loan 
programs--the 7(a) Loan Guaranty program and the 504 Loan Guaranty 
program--are the largest source of long-term capital to small 
businesses in this country. They play an essential role in the 
continuum of financing to our small businesses.
  As we talked to lenders and SBA to try and understand what was 
causing this trend, we identified several changes we could make to 
SBA's lending programs to try and stimulate the economy. What could we 
do to get lenders to start lending again, and how could we make it more 
affordable for small businesses? The bill I am introducing today--the 
Small Business Lending Stimulus Act of 2008--incorporates those 
findings. We made the changes temporary, targeted, and timely. We have 
evidence that these changes work, because we did something similar, in 
a bipartisan way, after the terrorist attacks of 9-11, and it 
stimulated the economy and mitigated job loss and business closures by 
pumping almost $3 billion into our local economies.
  Unfortunately, there is no magic bullet to right the economy, but we 
need to use every tool at our disposal to mitigate further problems for 
our economy. The SBA's programs are one effective tool. I hope that my 
colleagues can get behind this legislation.

                          ____________________